In the Official Gazette no. 1042/2020, was published the Government Emergency Ordinance no. 192/2020 for the amendment and completion of Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, as well as to amend letter a) in art. 7 of Law no. 81/2018 regarding the regulation of the telework activity.
The main measures imposed by GEO no. 192/2020 are:
- Obligation to wear a protective mask in public spaces, commercial spaces, means of public transport and at work
- During the state of alert, the employers order work from home or in telework regime, where the specificity of the activity allows, in compliance with the provisions of Law no. 53/2003 – Labour Code, republished, with subsequent amendments and completions, and of Law no. 81/2018 regarding the regulation of the telework activity
- During the state of alert, by derogation from the provisions of art. 118 para. (1) of Law no. 53/2003 – Labour Code, republished, with subsequent amendments and completions, employers in the private system, central and local public authorities and institutions, regardless of the method of financing and subordination, as well as autonomous administrations, national companies, national companies and the companies in which the share capital is wholly or mainly owned by the state or by an administrative-territorial unit, with a number of more than 50 employees, organise the work schedule so that the staff is divided into groups that start and finish the activity at a difference for at least an hour
- The employer has the obligation to provide the means related to information and communication technology and/or secure work equipment necessary for the performance of work, the parties may agree by written agreement including to use employee’s own equipment and materials, specifying the conditions of use
Given the new provisions, employers must order work from home or telework, and where it is not possible, to adjust the work schedule if they have more than 50 employees.
In order to support the employers, the Labour Inspectorate has published a guideline on carrying out work at home, through telework or in a individual work schedule. The guide can be downloaded here.
Kindly note that, starting with 10.11.2020, the Labour Inspectorate launched the National Campaign to verify the application of the legal provisions on work from home, telework, adjusting of work schedule, safety and health at work, in order to reduce the risk of COVID-19 contamination.
The press release published by the Labour Inspectorate on 11.11.2020 can be accessed here.